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Planning a wedding in Texas? Don't forget about the marriage license! There are a few things you'll need to do to obtain one, and it's important to start the process early enough. In Texas, you'll need to acquire a license from your local county clerk's office, and there is typically a 72-hour waiting period before the marriage ceremony can take place. However, this waiting period can be waived under certain circumstances, such as if one of the applicants is an active-duty member of the armed forces. Additionally, both applicants must be at least 18 years old and present valid identification. So, how far in advance do you need to start the process? It's recommended to allow at least a few weeks for the paperwork to be processed and to ensure that your marriage is legally recognized.
| Characteristics | Values |
|---|---|
| Waiting period | 72 hours or 3 days after obtaining a marriage license |
| Waiver of waiting period | Yes, if applicants obtain a written waiver from a judge, or if one of the applicants is an active-duty member of the armed forces of the United States, or if applicants submit the Twogether in Texas premarital education course certificate, or if applicants are remarrying each other |
| Validity | 89 days or until the 90th day after issuance |
| Age requirement | 18 years or older |
| Valid IDs | State-issued ID, driver's license, passport, military ID, etc. |
| Additional fee for non-Texas residents | $100 |
| Additional fee for marriage license | $20 with a completed premarital education course |
| Fee waiver | Yes, for members of the National Guard or armed forces of the United States on active duty who are preparing to be deployed to a hostile fire zone |
| Declaration of Informal Marriage | Yes, for common-law marriage |
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What You'll Learn
Marriage license application requirements
In Texas, a marriage license is valid for 89 days from the date it is issued. If a couple does not use the license before the 90th day, it expires, and a new license must be purchased. There is also a 72-hour waiting period after the license is issued and before the marriage ceremony may take place, unless a waiver is obtained.
Marriage license applications in Texas must be submitted in person by both applicants at the County Clerk's Marriage Office. If one party is not available to be present, the other party or an adult representative may bring a completed and notarized Affidavit of Absent Applicant for Marriage License.
Both applicants must submit proof of age and identity. This can be done with a state driver's license or identification card (ID) issued by any state, as long as it is current or has expired no more than two years prior. Alternatively, applicants can submit their original or certified copy of a birth certificate, a passport, or a document issued by the United States or a foreign government.
If either applicant is under 18, they must present a certified copy of their court order "Removal of Disabilities of Minority" granted by Texas or another state. Additionally, neither applicant can have been divorced within the last 30 days unless they meet certain exceptions.
If a couple wishes to obtain an informal marriage license, they must sign a declaration and oath stating that they have agreed to be married, live together, and represent themselves to others as married.
To waive the 72-hour waiting period after receiving the marriage license, couples can present the Twogether in Texas Certificate, which is valid for one year from the date the course was taken and offers a $60 discount on the marriage license fee.
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Where to get a marriage license
In Texas, marriage licenses are issued by the county clerk in the county where the license was obtained. For example, the Tarrant County Clerk issues and maintains all marriage licenses in Tarrant County.
To obtain a marriage license, both applicants must appear in person and submit proof of age and identity. This can be done by presenting a state driver's license, a state identification card, a birth certificate, or a passport. If one of the applicants is unable to apply in person, the other applicant or another adult representative may apply on their behalf. In this case, an affidavit of an absent applicant must be completed. If both applicants are absent, they must be members of the armed forces of the United States stationed in another country in support of combat or another military operation.
In some counties, such as Bexar County, applicants under 18 must present a certified copy of their court order "Removal of Disabilities of Minority" granted by the state of Texas or another state. Additionally, neither applicant may have been divorced within the last 30 days unless certain exceptions are met.
After submitting the application, there is typically a 72-hour waiting period before the marriage ceremony can take place. However, this waiting period can be waived under specific circumstances, such as if one of the applicants is an active-duty member of the armed forces of the United States and can show identification.
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Timing and waiting periods
Firstly, according to Texas law, there is typically a 72-hour waiting period after receiving your marriage license before the wedding ceremony can take place. This means that you should plan to obtain your license at least three days before your wedding date. However, there are a few exceptions to this rule. If you and your fiancé are part of the armed forces of the United States and can provide active military identification, the 72-hour waiting period is waived. Additionally, if you are remarrying each other, the waiting period does not apply. Obtaining a written waiver from a judge or presenting a premarital education course certificate from Twogether in Texas can also waive the waiting period.
Secondly, it is important to be mindful of the validity period of your marriage license. In Texas, a marriage license is typically valid for 89 days from the date it is issued. This means that if you do not use your license before the 90th day, it will expire, and you will need to purchase a new one. Therefore, it is advisable to obtain your marriage license within a reasonable timeframe before your wedding, keeping the expiration date in mind.
When applying for a marriage license, both you and your fiancé must typically appear in person at your local county clerk's office. However, if one party is absent, an adult representative or the other applicant may apply on their behalf. This can be done by completing an Affidavit of Absent Applicant, ensuring all information is correctly completed.
Additionally, when planning your wedding timeline, consider the processing time for receiving your official marriage certificate after the ceremony. The signed license should be returned to the issuing county clerk's office within 30 days after the wedding. Once it is officially recorded, you can expect to receive your license back within one to four weeks.
Lastly, if you are considering a destination wedding or a public venue such as a park or beach, be sure to research the specific requirements and permits needed for your chosen location. The requirements may vary depending on the state or country of your wedding destination.
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Marriage certificate vs marriage license
In Texas, there is a 72-hour waiting period after being issued a marriage license and when the ceremony may take place. However, this waiting period is waived if the couple presents the Twogether in Texas Certificate. Now, let's understand the difference between a marriage certificate and a marriage license.
A marriage license is a legal permit that allows you to marry your partner. It proves that you and your partner are legally allowed to marry. It is obtained before the wedding ceremony and must be submitted to the issuing authority within a limited time frame, which varies by state. The cost of a marriage license varies from state to state, typically ranging between $35 and $150.
On the other hand, a marriage certificate is a document issued after the wedding ceremony. It confirms that you and your spouse are legally married and records the date, time, and place of the wedding, as well as the officiant's name. The marriage certificate is required for various purposes, such as changing your name, sharing health benefits, filing taxes, applying for loans or mortgages, proving identity, or travelling internationally. The cost of obtaining a marriage certificate also varies by state, typically ranging between $5 and $26.
It is important to note that the terms "marriage license" and "marriage certificate" may be used interchangeably in some states, adding to the confusion. Additionally, some states may issue a single document that serves as both the license and the certificate, while others may provide separate documents for each.
In Texas, the term "marriage certificate" is commonly used to refer to marriage-related documents, including the marriage license issued by a county clerk for a formal marriage. To obtain a copy of your marriage license in Texas, you must purchase it from the county clerk where the license was issued.
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Common-law marriage
In Texas, there is a 72-hour waiting period after a marriage license is issued before a wedding ceremony can take place. This rule does not apply if one of the applicants is an active-duty member of the U.S. military, provides a certificate from a premarital education course, or if the couple is remarrying. The average cost of a marriage license in Texas ranges from $60 to $85, with fees varying depending on the county. For example, in Harris County, Texas, the fee for a formal marriage license is $81, while in Smith County, it is $82.
Texas recognizes two types of marriage: formal marriage and common-law marriage (also known as marriage without formalities or informal marriage). A formal marriage is what most people imagine when they think of marriage—two individuals obtain a marriage license from their local clerk's office, hold a wedding ceremony, and record the marriage with the county clerk.
A common-law marriage, on the other hand, is created through the couple's actions and statements rather than by filing a marriage license. In Texas, you can establish a common-law marriage in two ways: through the couple's actions and words that express their intent to be married, or by registering a common-law marriage with a Declaration of Informal Marriage. This declaration can be filed with the county clerk to register a common-law marriage, and a certified copy can later be obtained from the county clerk's office as proof of the marriage.
To prove a common-law marriage in Texas, you must show that the following requirements have been met:
- You and your spouse agreed that you were married. This can be proven through documents, letters, or other evidence showing that you both considered each other to be spouses.
- You held yourselves out to the world as spouses. This can be proven through friends and family who witnessed your relationship, particularly if they heard both of you refer to each other as spouses.
- You lived together as a married couple. This must be demonstrated through evidence and witness statements that you lived together in Texas with the agreement that you were spouses for some period of time.
It is important to note that proving a common-law marriage can be crucial when a relationship is ending (divorce) and in determining inheritance rights. Under Texas law, all property acquired during a marriage, whether formal or common-law, is considered community property and will be divided equally if the marriage is terminated. If a common-law marriage cannot be proven, there is no marital property or debts to divide, and the parties will keep their individual property and remain individually responsible for their debts.
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Frequently asked questions
In Texas, a marriage license is valid for 89 days from the date it is issued. There is also a 72-hour waiting period after being issued a marriage license and when the ceremony may occur, unless you have a waiver.
Both applicants must submit proof of age and identity with a valid form of ID, such as a driver's license, state ID card, passport, visa, or military ID. Each party must also know their social security number.
You can obtain a marriage license from your local county clerk's office. Texas residents can obtain a marriage license from any county in the state.
